HomeMy WebLinkAboutPC RES 29181
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RESOLUTION NO. 2918
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL ADOPTION OF ZONING ORDINANCE
AMENDMENT 91-01, EXEMPTING EXISTING LEGAL
CONFORMING AND LEGALLY NONCONFORMING PARCELS
FROM NONCONFORMING OR INCREASED NONCONFORMING
STATUS RELATED TO DENSITY ONLY WHEN THE
NONCONFORMITY OR INCREASED NONCONFORMITY IS
RESULTANT FROM THE ACQUISITION OF PUBLIC
RIGHTS-OF-WAY BY A PUBLIC AGENCY
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as
follows:
A. A public hearing before the Planning
Commission to consider Zoning Ordinance
Amendment 91-01 was duly called, noticed and
held on Monday, July 8, 1991.
B. A Negative Declaration has been prepared in
conformance with the California Environmental
Quality Act; no significant, adverse impacts
are associated with this Zoning Ordinance
Amendment.
C. The subject amendment is in the best interest
of the public health, safety and welfare in
that it will not penalize legal conforming
properties in the Mobilehome Park District
from becoming nonconforming related to density
requirements, provided all other development
standards are satisfied, due to the community-
wide benefit of public rights-of-way
acquisition by the Cit~•.
D. The subject amendment is consistent with the
General Plan in that it will not negatively
impact the orderly growth and development of
the City.
II. The Planning Commission hereby recommends tc the
City Council approval of Zoning Ordinance Amendment
91-01 as follows:
A. Section 9227 (B) (2) (c) shall be added to the
Tustin City Code to read as follows:
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Resolution No. 2918
Page 2
"Any existing and developed parcel which is
legal and conforming or legally nonconforming
as of the date of the adoption of this
subsection, and with the acquisitions of
public rights-of-way by a public agency would
result in densities exceeding the density
permitted by the Zoning Code or would result
in an increased nonconformity with regard to
density shall not be considered nonconforming
pursuant to Section 9227(b)(2) and Section
9273 of the Zoning Code with regard to density
only, provided that all other provisions of
the Zoning Code are satisfied."
PASSED AND ADOPTED by the Planning Commission of the City
of Tustin at a regular meeting held on the 8th day of
July, 1991.
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'"D LE JEUN
Chairman
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KATHLE N CLANCY
Recording Secretar
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Resolution No. 2918
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution No.
2918 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 8th day of
July, 1991.
~~
KATHLEEN CLA CY
Recording Secretary